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Courts & Alternatives

When Should You Sue?

Before you file a lawsuit, you need to decide a few things about your potential case.

You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court:

  • Do I have a good case?
  • Am I comfortable with the idea of a compromise settlement or going to mediation?
  • Assuming a lawsuit is my best or only option, can I collect if I win?

If the answer to any of these questions is no, you probably won't want to sue.

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Finding Free Legal Services

Steer clear of credit repair clinics -- you can repair your credit yourself.

There are several situations in which you may be able to get an attorney to represent you for free.

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Law Libraries Open to the Public

Find out where to do legal research

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Attorney Fees: Does the Losing Side Have to Pay?

The winning side usually has to pay its own attorney's fees

The losing side does not ordinarily have to pay the winning side's attorney's fees, contrary to popularly held belief. In the United States, the general rule (called the American Rule) is that each party pays only their own attorney's fees, regardless of whether they win or lose. This allows people to bring cases and lawsuits without the fear of incurring excessive costs if they lose the case. In contrast, in England and other countries, the losing side is often required to pay the other side's attorney's fees after losing a trial.

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